Acts of Congress 1864-1931

Relating to Navajo land additions, exchanges, withdrawals, transfers and sales

1864. Settlement of Navajo Indian captives upon reservation in New Mexico 

June 30, 1864, ch. 177, 13 Stat. 323

CHAP. 177. An Act To aid in the settlement, subsistence, and support of the Navajo Indian captives upon a reservation in the Territory of New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, for the purpose of settling the Navajo Indians, now captives in New Mexico, upon a reservation upon the Pecos River, in New Mexico, for the purchase of agricultural implements, seeds, and other articles necessary for such purpose, for breaking the ground, and for subsistence of said Indians to the end of the next fiscal year, the sum of one hundred thousand dollars.

SEC. 2. And be it further enacted, That the said reservation may, under the direction of the Secretary of the Interior, be so extended and enlarged on the South, as to include the entire valley of the Pecos River, known as the Bosque Grande, and that the whole of said reservation, so enlarged, shall be designated and known as the Navajo and Apache Reservation, and as such shall, until otherwise ordered by law, be exempt from sale, and free from all occupancy except by the said Indians for the purposes herein mentioned; excepting such portion of the said land as is now occupied by Fort Sumner, or as may be needed for the use of said post.

SEC. 3. And be it further enacted, That the southern Apache agency of New Mexico is hereby abolished, and that an agent for the Kiowa, Apache, and Comanche Indians be appointed, at a salary of fifteen hundred dollars per annum.

Approved, June 30, 1864.

1902. Adjustment of settlers’ rights under 1880 Executive Order

July 1, 1902, ch. 1363, 32 Stat. 657

CHAP. 1363. An Act Authorizing the adjustment of rights of settlers on the Navajo Indian Reservation, Territory of Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands claimed by actual settlers or persons to whom valid rights attach, who settled upon or occupied any part of the public lands of the United States prior to the date of the Executive order of January sixth, eighteen hundred and eighty, extending the boundaries of the Navajo Indian Reservation, in the Territory of Arizona, and which were included in said Executive order, are hereby excepted from the operations thereof, and said settlers are hereby granted authority to establish their rights and secure patents for any of said lands to which they have a valid title under the public-land laws of the United States.

Approved, July 1, 1902.

1908. Patent of land for Sisters of Blessed Sacrament; surplus lands under 1907 and 1908 Executive Orders

May 29, 1908, ch. 216, § 9, 25, 35 Stat. 444, 447, 457

CHAP. 216. An Act to authorize the Secretary of the Interior to issue patents in fee to purchasers of Indian lands under any law now existing or hereafter enacted, and for other purposes.

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SEC. 9. That the Secretary of the Interior be, and he is hereby, authorized to issue a patent to “The Sisters of the Blessed Sacrament for Indians and Colored People,” a charitable corporation organized under the laws of the State of Pennsylvania, for and covering the following described lands, amounting to approximately two hundred and eighty acres, now and for many years occupied by the said “The Sisters of the Blessed Sacrament for Indians and Colored People” as an Indian school, to wit: The southwest quarter of the southwest quarter of southwest quarter of section thirteen, the south half of the northeast quarter of section fourteen, and the east half of the northwest quarter and the south half of the northeast quarter of section twenty-four, all in township twenty-six north, range thirty east, Gila and Salt River meridian, on the Navajo Indian Reservation, in Arizona Territory.

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SEC. 25. That whenever the President is satisfied that all the Indians in any part of the Navajo Indian Reservation in New Mexico and Arizona created by Executive orders of November ninth, nineteen hundred and seven, and January twenty-eighth, nineteen hundred and eight, have been allotted, the surplus lands in such part of the reservation shall be restored to the public domain and opened to settlement and entry by proclamation of the President.

Approved, May 29, 1908.

1913. Relief of Indians occupying railroad land

March 4, 1913, ch. 153, 37 Stat. 1007, 1008

CHAP. 153. An Act For the relief of Indians occupying railroad lands in Arizona, New Mexico, or California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized in his discretion to request of the present claimant under any railroad land grant a relinquishment or reconveyance of any lands situated within the States of Arizona, New Mexico, or California passing under the grant which are shown to have been occupied for five years or more by an Indian entitled to receive the tract in allotment under existing law but for the grant to the railroad company, and upon the execution and filing of such relinquishment or reconveyance the lands shall thereupon become available for allotment, and the company relinquishing or reconveying shall be entitled to select within a period of three years after the approval of this Act and have patented to it other vacant nonmineral, nontimbered, surveyed public lands of equal area and value situated in the same State, as may be agreed upon by the Secretary of the Interior, provided that the total area of land that may be exchanged under the provisions of this Act shall not exceed three thousand acres in Arizona, sixteen thousand acres in New Mexico, and five thousand acres in California.

Approved, March 4, 1913.

History

Amendment and extension. Act April 11, 1916, ch. 65, 39 Stat. 65, provided: “That all of the provisions of an Act entitled ‘An Act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California,’ approved March fourth, nineteen hundred and thirteen, be, and the same are hereby, extended for a period of two (2) years from and after the fourth day of March, nineteen hundred and sixteen: Provided, That there may be exchanged under the provisions of the Act named herein a total area not exceeding ten thousand acres in Arizona and twenty-five thousand acres in New Mexico.”

The appropriation act of June 30, 1919, ch. 4, 41 Stat. 9, provided: “That all of the provisions of an act entitled ‘An act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California,’ approved March 4, 1913 (Thirty–seventh Statutes at Large, page 1007), as extended by the act approved April 11, 1916 (Thirty–ninth Statutes at Large, page 48), be, and the same are hereby, extended for a period of one (1) year from and after the 4th day of March, 1919.”

1916. Adjustment of settlers’ rights under 1900 Executive Order

August 11, 1916, ch. 315, 39 Stat. 504

CHAP. 315. An Act Authorizing the adjustment of rights of settlers on a part of the Navajo Indian Reservation in the State of Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands which were occupied by settlers or persons who were entitled to make entries thereof, and submit final proof under the provisions of the general homestead law of the United States prior to the hereinafter mentioned Executive order and upon the making and approval of the public surveys of such lands, said Executive order being of date January eighth, nineteen hundred, and withdrawing from sale and settlement a tract of country lying west of the Navajo and Moqui Reservations in Arizona, and which lands were included in the said Executive order, are hereby excepted from the operations thereof, and such settlers are hereby granted authority at any time within ninety days from the approval hereof to make homestead entry of not to exceed one hundred and sixty acres of such land, and submit final proof of the existence of their rights at the date of such Executive order of extension, and patents therefor shall issue upon payment to the United States of the legal fees and purchase price.

Approved, August 11, 1916.

1924. Proceeds from sale of allotment of a Navajo who died without heirs

April 12, 1924, ch. 88, 43 Stat. 91

CHAP. 88. An Act To authorize the deposit of certain funds in the Treasury of the United States to the credit of Navajo Tribe of Indians and to make same available for appropriation for the benefit of said Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $995 derived from the sale of land allotted to Pete Coberly, a Navajo Indian, who has been adjudged by the Secretary of the Interior to be legally dead and to have died without heirs, may be deposited in the Treasury of the United States to the credit of the Navajo Tribe of Indians and is hereby made available for appropriation by Congress for the benefit of said Indians.

Approved, April 12, 1924.

1925. Withdrawal of 40–acre tract of land

March 3, 1925, ch. 432, 43 Stat. 1114, 1115

CHAP. 432. An Act To provide for the permanent withdrawal of a certain forty-acre tract of public land in New Mexico for the use and benefit of the Navajo Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following described tract in the State of New Mexico, temporarily withdrawn from settlement, entry, sale, or other disposition until March 5, 1927, by presidential order dated October 24, 1924, in aid of proposed legislation, be, and it hereby is, permanently withdrawn for the use and benefit of Navajo Indians residing in that immediate vicinity: Southeast quarter southeast quarter, section 8, township 11 north, range 3 west, New Mexico principal meridian, New Mexico.

Approved, March 3, 1925.

1925. Exchanges of lands under 1900 and 1901 Executive Orders

March 3, 1925, ch. 433, 43 Stat. 1115

CHAP. 433. An Act To provide for exchanges of Government and privately owned lands in the additions to the Navajo Indian Reservation, Arizona, by Executive orders of January 8, 1900, and November 14, 1901.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized, in his discretion, under rules and regulations to be prescribed by him, to accept reconveyance to the Government of privately owned and State school lands, and relinquishments of any valid filings under the homestead laws, or of other valid claims within the additions to the Navajo Indian Reservation, Arizona, by Executive orders of January 8, 1900, and November 14, 1901, and to permit lieu selections within the boundaries of the said reservation additions by those surrendering their rights, so that the lands retained for Indian purposes may be consolidated and held in a solid area so far as may be possible: Provided, That the title or claim of any person or company who refuses to reconvey to the Government shall not be hereby affected.

Approved, March 3, 1925.

1930. Tusayan National Forest; transfer of land to reservation

May 23, 1930, ch. 317, 46 Stat. 378, 379

CHAP. 317. An Act To eliminate certain land for the Tusayan National Forest, Arizona, as an addition to the Western Navajo Indian Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following described land be, and the same is hereby, eliminated from the Tusayan National Forest, Arizona, and added to and made a part of the Western Navajo Indian Reservation, subject to all valid rights and claims of individuals initiated prior to the approval of this Act: All that part of the Tusayan National Forest lying east of the Colorado River and north of the Little Colorado River, unsurveyed, but which will probably be when surveyed in townships 32, 33, 34, 35, and 36 north, ranges 5 and 6 east; all lands in township 31 north, range 6 east, which are now a part of the Tusayan National Forest; sections 1, 2, 3, 4, and 10 to 14, inclusive, east half section 23, sections 24 and 25, east half section 26 and sections 35 and 36, township 30 north, range 6 east; sections 27 to 34, inclusive, township 30 north, range 7 east; sections 1, 2, and 11 to 14, inclusive, sections 23 to 26, inclusive, sections 35 and 36, township 29 north, range 6 east; sections 3 to 10, inclusive, and sections 15 to 36, inclusive, township 29 north, range 7 east; section 1 and north half section 12, township 28 north, range 6 east; sections 1 to 23, inclusive, and sections 29 to 32, inclusive, township 28 north, range 7 east; Gila and Salt River base and meridian, Arizona: Provided, That all unappropriated and unreserved public lands in sections 24 to 28, inclusive, and sections 33 to 36, inclusive, in township 28 north, range 7 east, Gila and Salt River base and meridian, Arizona, be, and the same are hereby, added to and made a part of the Western Navajo Indian Reservation, subject to all valid rights and claims of individuals initiated prior to approval of this Act.

SEC. 2. That upon conveyance to the United States of a good and sufficient title to any privately owned land within the areas described in this Act, the owners or their assigns thereof are hereby authorized under regulations of the Secretary of the Interior, to select at any time within fifteen years after the approval of this Act, from the surveyed, unappropriated, unreserved, nonmineral public lands of the United States, in the State of Arizona, lands approximately equal in value to the lands thus conveyed, such values to be determined by the Secretary of the Interior, and the Secretary of the Interior is hereby authorized to issue patents for the lands thus selected: Provided, That the lands conveyed to the United States under authority of this Act shall thereupon become a part of the Western Navajo Indian Reservation.

SEC. 3. That before any exchange of lands as above provided is effected, notice of such exchange describing the lands involved therein shall be published once each week for four consecutive weeks in some newspaper of general circulation in the county or counties within which the selected lands are situated.

SEC. 4. That the State of Arizona shall have the right to select other public lands in lieu of sections 2, 16, 32, and 36 within said addition to the Western Navajo Indian Reservation, in the same manner as is provided in the Enabling Act of June 20, 1910 [36 Stat. L. 557].

Approved, May 23, 1930.

History

Amendments–1931.  See Act February 21, 1931, ch. 269, 46 Stat. 1204.

1931. Canyon De Chelly National Monument

February 14, 1931, ch. 188, 46 Stat. 1161, as amended;  16 U.S.C. §§ 445–445b

16 U.S.C. § 445. Canyon De Chelly National Monument; establishment; boundaries

With the consent of the tribal council of the Navajo Tribe of Indians, the President of the United States is authorized to establish by presidential proclamation the Canyon De Chelly National Monument, within the Navajo Indian Reservation, Arizona, including the lands hereinafter described.

All lands in Del Muerto, De Chelly, and Monument Canyons, in the canyons tributary thereto, and the lands within one-half mile of the rims of the said canyons, situated in unsurveyed townships 4 and 5 north, range 7 west; townships 4, 5, and 6 north, range 8 west;  townships 4 and 5 north, range  9 west;  and in surveyed townships 4 and 5 north, range 6 west;  townships 3, 6, and 7 north, range 7 west; township 6 north, range 9 west; and township 5 north, range 10 west, embracing about eighty-three thousand eight hundred and forty acres, all of the Navajo meridian, in Arizona. (February 14, 1931, ch. 188, § 1, 46 Stat. 1161; March 1, 1933, ch. 161, 47 Stat. 1419.)

16 U.S.C. § 445a. Same; rights and privileges of Navajo Indians therein

Nothing in section 445 or 445b of this Title shall be construed as in any way impairing the right, title, and interest of the Navajo Tribe of Indians which they now have and hold to all lands and minerals, including oil and gas, and the surface use of such lands for agricultural, grazing, and other purposes, except as defined in section 445b of this Title; and the said tribe of Indians is granted the preferential right, under regulations to be prescribed by the Secretary of the Interior, of furnishing riding animals for the use of visitors to the monument.   (February 14, 1931, ch. 188, § 2,   46 Stat. 1161.)

16 U.S.C. § 445b. Same, administration by National Park Service; powers and duties

The National Park Service, under the direction of the Secretary of the Interior, is charged with the administration of the area of said national monument, so far as it applies to the care, maintenance, preservation and restoration of the prehistoric ruins, or other features of scientific or historical interest within the area, and shall have right to construct upon the lands such roads, trails, or other structures or improvements as may be necessary in connection with the administration and protection of the monument, and also the right to provide facilities of any nature whatsoever required for the care and accommodation of visitors to the monument. (February 14, 1931, ch. 188, § 3, 46 Stat. 1161.)

History

Amendments–1933.    Amended description  of land.

1931. Tusayan National Forest; transfer of land to reservation

amendment February 21, 1931 ch. 269, 46 Stat. 1204

CHAP. 269. An Act To amend the Act of May 23, 1930 (46 Stat. 378).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of May 23, 1930 (46 Stat. 378), entitled “An Act to eliminate certain lands from the Tusayan National Forest, Arizona, as an addition to the Western Navajo Indian Reservation,” be, and the same is hereby, amended so as to include the following-described lands subject to all the conditions and provisions of said Act: Sections 10 to 15, inclusive, sections 22 to 27, inclusive, sections 34 to 36, inclusive, township 27 north, range 6 east, all of township 27 north, range 7 east;  sections 4 to 9, 16 to 21, 29 to 32, all inclusive, in township north, range 8 east; sections 1 and 2, the east half of section 3, the east half of section 10, sections 11 and 12, township 26 north, range 7 east; sections 5 to 8, inclusive, township 26 north, range 8 east, Gila and Salt River meridian,

SEC. 2. That for the purpose of arriving at the values and areas of lieu lands to which private landowners are entitled under the Act of May 23, 1930 as hereby amended, the value of the improvements on all privately owned lands to be conveyed or relinquished to the United States for the benefit of the Indians shall be taken into consideration and full credit in the form of lands shall be allowed therefor: Provided, That the State of Arizona may relinquish such lands as it sees fit, acquired pursuant to the Enabling Act of June 20, 1910 (36 Stat. L. 557), which may be desired as lieu land, and the State shall have the right to select other unreserved and undisposed of nonmineral public lands within the State of Arizona equal in area to that relinquished, the lieu selections to be made by the State in the same manner as is provided for in said Enabling Act.

Approved, February 21, 1931.